Public Transportation Accidents
San Jose Public Transportation Accident Lawyer
Mitchell & Danoff Law Firm: Fighting to Keep Our Community Safe
If you have suffered a serious injury while riding on a public transportation vehicle, it is important to know your rights. You may be entitled to compensation for your losses. At Mitchell & Danoff Law Firm, we handle cases involving accidents on VTA buses or light rail, the San Jose Rapid Transit (BART) trains and buses as well as light rail trains and other mass transit vehicles in California. Regardless of the type or severity of your injury, we are here to help.
Contact us to speak with an experienced San Jose traffic accident attorney today!
Getting the Facts about Mass Transit Accidents
Recent news reports indicate that public transit ridership is surging across San Jose and the entire San Jose due to high gas prices and the overall economy. Higher transit frequency can often lead to higher rates of mishaps and accidents. Whether you’ve been hit by a public transportation vehicle or injured while riding one, you have rights!
Public transportation accidents occur on all kinds of vehicles:
- Bus
- Light rail
- Commuter train
- Shuttle bus
VTA buses/lightrail, BART, Caltrain, S.F. MUNI, and Santa Cruz Metro are just a few of the places where these accidents may occur. If the agency was at fault, they deserve to be held responsible!
Handling Your Public Transportation Accident Claim
Victims of injury should be mindful that cases arising from public transportation are handled differently than many other types of personal injury cases. This is because, unlike a lawsuit against a private individual or private entity, the transportation agency may be a public entity. Our injury lawyers know that, for many people, this turns into a complicated situation.
The legal procedures and timelines are different. For example, there is a much shorter statute of limitations (only six months) in which you are allowed to file a claim. If you fail to file in time, it could result in a complete forfeiture of your entitlements. You must notify the correct government agency in this time period, which gives you an additional six months to file an injury lawsuit.
No Financial Burdens – Only Positive Solutions. Call Mitchell & Danoff Law Firm Today!
At Mitchell & Danoff Law Firm, our personal injury team understands the differences in legal procedure for public transportation injury cases. Our attorney has more than 30 years of experience handling all kinds of injury cases. If you have been injured anywhere in the San Jose, our firm may help you obtain the resolution you seek, and without adding to your financial burdens.
This is because we operate on a contingency fee basis, which means we provide our legal services to clients without charging up-front attorney fees. Instead, we collect a fee when our clients are awarded compensation in their case. If our clients do not win, we do not collect. Working on contingency fees has allowed us to recover millions of dollars for thousands of individuals. Our record speaks for itself.
Public Transportation Accident Attorney In San Jose
Mitchell & Danoff Law Firm – Fighting To Keep Our Community Safe
Public transportation plays a vital role in our daily lives. Buses, light rails, and trains help people get to work, to school, and to various destinations efficiently and affordably. However, while public transit is generally considered a safe mode of transportation, accidents can and do occur, often resulting in serious injuries or fatalities. If you have suffered an injury while riding on a public transportation vehicle in San Jose, you need to be aware of your rights and options. Call us today at (831) 219-2110 because we are dedicated to helping accident victims navigate the complexities of their cases and ensure they receive the compensation they deserve.
Understanding Your Rights After A Transportation Accident
If you’ve been injured on a public transit vehicle or injured due to the actions of a public transportation agency, you may be entitled to compensation for your losses. This includes medical expenses, lost wages, pain and suffering, and other damages you might incur due to the accident. However, navigating the legal landscape surrounding these accidents can be complex.
Public transportation accidents can happen in various situations:
- Bus Accidents: Buses can collide with pedestrians, other vehicles, or even roadside obstacles. The large size and weight of buses make such accidents particularly dangerous.
- Light Rail and Train Accidents: Accidents involving light rail vehicles or commuter trains can cause extensive injuries due to high speeds, unsafe conditions and operator error.
- Shuttle Bus Incidents: Many workplaces and events offer shuttle services to transport patrons. Accidents involving shuttle buses can also result in injuries and subsequent claims.
- VTA and BART Accidents: Since these are some of the primary modes of transportation in the San Jose area, accidents involving these services are a significant concern for residents and commuters alike.
Whether you’ve been involved in a collision with a public transportation vehicle or suffered an injury while riding one, it is important to understand your legal rights and seek appropriate compensation.
Important Considerations When Filing A Claim
If you are considering pursuing a claim due to an accident involving public transportation, you should be aware of certain factors that make these cases different from traditional personal injury claims:
1. Public Entity Liability
Public transportation agencies are government entities. Claims against these bodies often fall under a different legal framework than those against private individuals or companies. This includes various procedural nuances that can complicate your case.
2. Shorter Statute of Limitations
One of the most critical aspects of pursuing a claim against a public entity is understanding the statute of limitations. In California, you are typically given a much shorter period to file a claim against a public transportation agency—usually only six months from the date of the accident. If you fail to file your claim within this timeframe, you may lose the opportunity to seek compensation altogether.
3. Notification Requirements
Along with the shortened statute of limitations, you must also provide official notification to the appropriate government agency within the specified time. This notification is necessary before you can file a formal lawsuit, adding another layer to an already complex process. Having an experienced attorney to guide you through these requirements can significantly impact your case’s outcome.
Common Injuries From Public Transportation Accidents
Public transportation accidents can lead to a wide variety of injuries, some of which may require extensive medical treatment and rehabilitation. Common injuries sustained in such incidents include:
- Whiplash and Neck Injuries: Sudden stops or collisions can cause whiplash and other neck injuries, leading to chronic pain.
- Spinal Cord Injuries: Accidents can result in serious spinal injuries, which may lead to long-term disability, chronic pain, or mobility issues.
- Head Injuries: These can range from minor concussions to traumatic brain injuries (TBIs) due to impacts during an accident.
- Broken Bones and Fractures: Falls or collisions can lead to painful fractures, requiring surgical intervention and lengthy recovery times.
- Soft Tissue Injuries: Injuries to muscles, tendons, or ligaments, such as sprains and tears, can occur during accidents as well.
- Psychological Impact: Beyond physical injuries, many individuals experience psychological effects, including anxiety, depression, or PTSD after being involved in traumatic accidents.
How The Mitchell & Danoff Law Firm Can Help
At Mitchell & Danoff Law Firm, our team is well-versed in the intricacies surrounding public transportation accidents. With over 30 years of experience in handling personal injury cases, we know what it takes to protect your rights and fight for the compensation you deserve. Our commitment to client care means we take the time to understand your unique circumstances and craft a tailored legal strategy that meets your needs.
Experienced Legal Representation
Our legal team is dedicated to advocating for victims of public transportation accidents. We will thoroughly investigate your case, gather evidence, interview witnesses, and work with experts to build a compelling argument for your claim. We understand the tactics insurance companies may employ to minimize or deny your claim, and we are equipped to counteract these strategies effectively.
No Financial Burdens – Only Positive Solutions
We are proud to operate on a contingency fee basis. This means you don’t have to worry about paying upfront for our legal services. We understand, dealing with the aftermath of an accident can be financially draining; therefore, we do not collect any fees unless we successfully recover compensation for you. If we don’t win your case, you do not owe us anything. This approach not only alleviates your financial stress but also aligns our interests with yours—we are motivated to obtain the best possible outcome for your situation.
Comprehensive Legal Services
Call us now at (831) 219-2110. Our team offers a range of legal services designed to meet the diverse needs of our clients. This includes:
- Initial Case Evaluation: We provide a free consultation to discuss the details of your case, assess your legal options, and explain the potential compensation you might be entitled.
- Thorough Investigation: We handle all aspects of gathering evidence related to your accident. This could include securing accident reports, analyzing surveillance footage, collecting witness statements, and consulting with accident reconstruction experts if necessary.
- Negotiation with Insurance Companies: Our experienced negotiators know the ins and outs of dealing with insurance claims related to public transportation. We will handle all communications with the insurance companies involved, protecting you from lowball offers and ensuring your rights are upheld.
- Litigation if Necessary: If negotiations don’t yield a satisfactory resolution, we are prepared to take your case to court. Our trial attorneys are skilled in presenting cases before a judge and jury, and we will do everything possible to secure the justice you deserve.
Why Choose Mitchell & Danoff Law Firm
Choosing the right attorney is crucial when seeking compensation for a public transportation accident. Here are several reasons why you should consider Mitchell & Danoff Law Firm:
- Proven Track Record
We have a strong history of successfully handling personal injury cases, securing millions of dollars in compensation for our clients. Our established record reflects our dedication and ability to achieve positive results for those we represent.
- In-Depth Knowledge
Our law firm specializes in personal injury and traffic accident cases specifically involving public transportation. We understand the unique legalities and regulations involved in these cases and how to navigate them effectively.
- Personal Attention
We pride ourselves on providing each client with personalized attention and care. You will never be just a case number with us. We invest time to get to know you and understand your individual circumstances, allowing us to build a stronger case.
- Local Expertise
Being based in the San Jose area, we have local knowledge that can be beneficial for your case. We are familiar with local transit agencies, court systems, and other crucial elements surrounding your claim.
Don’t Wait – Reach Out For Help Now
Call us now at (831) 219-2110 for your free consultation if you or someone you know has been injured in a public transportation accident, it is imperative to act promptly. Time limitations exist, and the sooner you seek legal assistance, the better your chances of successfully navigating your claim.
At Mitchell & Danoff Law Firm, we are dedicated to fighting for your rights and ensuring you receive the compensation you deserve. Don’t hesitate to reach out to us for help—call us now at (831) 219-2110 to schedule your free and confidential case evaluation. Let us handle the complexities of your case while you focus on your recovery. Remember, you are not alone—our team is here to support you every step of the way. Let us work together to keep our community safe and hold those responsible accountable for their actions.
If you or a loved one has suffered a serious personal injury, we are here to help. Call (831) 219-2110 to speak with an experienced San Jose personal injury accident lawyer.
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Read DisclaimerFrequently Asked Questions
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Should I hire a lawyer for my personal injury case?
There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.
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How long will my personal injury case take to resolve?
This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.
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What is the average settlement amount for a personal injury claim?
The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.
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Does California put damage caps on claims for personal injury cases?
No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.